And the King said, “Bring me a sword.” So a sword was brought before the King. And the King said, “Divide the living child in two, and give half to one and half to the other.” I Kings 3:24–25 When Solomon arbitrated a child custody dispute, the baby almost perished.1 Today’s arbitrator probably could not propose such a drastic award. Yet courts may refuse to compel arbitration of some disputes for fear that societal interests may suffer a fate similar to that which would have befallen the baby under Solomon’s initial judgment. The parties to the dispute are not...
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